Part III Street works in England and Wales
Notice and co-ordination of works
55 Notice of starting date of works.
(1)
An undertaker proposing to begin to execute street works involving—
(a)
breaking up or opening the street, or any sewer, drain or tunnel under it, or
(b)
tunnelling or boring under the street,
shall give not less than 7 working days’ notice (or such other notice as may be prescribed) to the street authority, to any other relevant authority and to any other person having apparatus in the street which is likely to be affected by the works.
(2)
Different periods of notice may be prescribed for different descriptions of works, F1or in cases where the undertaker has been given notice under section 58(1), and cases may be prescribed in which no notice is required.
(3)
The notice shall state the date on which it is proposed to begin the works and shall contain such other information as may be prescribed.
(4)
Where notice is required to be given under this section, the works shall not be begun without notice or before the end of the notice period, except with the consent of those to whom notice is required to be given.
(5)
An undertaker who begins to execute any works in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding F2level 4 on the standard scale.
(6)
In proceedings against a person for such an offence it is a defence for him to show that the contravention was attributable—
(a)
to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or
(b)
to his not knowing the identity or address of—
(i)
a relevant authority, or
(ii)
the person to whom any apparatus belongs,
and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.
(7)
A notice under this section shall cease to have effect if the works to which it relates are not substantially begun before the end of the period of 7 working days (or such other period as may be prescribed) beginning with the starting date specified in the notice, or such further period as may be allowed by those to whom notice is required to be given.
F3(8)
If a notice under this section ceases to have effect the undertaker shall, within such period as may be prescribed, give a notice containing such information as may be prescribed to those to whom the notice under this section was required to be given.
(9)
An undertaker who fails to give notice in accordance with subsection (8) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.